Issues and Appeals
The Lanier Law Firm’s appellate team is dedicated to protecting verdicts against large companies and getting verdicts overturned that have a negative impact on clients, the legal profession and society as a whole. The firm was one of only 24 national law firms honored at The National Law Journal’s October 2021 Legal Awards for excellence in appellate work.
Types of Cases We Handle
The Lanier Law Firm uses a team approach to win significant verdicts and ensure they are protected upon appeal. Our approach is so effective that other law firms hire us when they need consulting services for litigation and appeals.
Jurisdiction and Venue Issues
Jurisdiction and venue issues address the question of where a case can be filed. And the appellate team plays a critical role in identifying the correct jurisdiction for a case and then defending that choice in the trial court and on appeal. If a case is filed is filed in the wrong jurisdiction or venue, then a favorable verdict can be thrown out on appeal and the parties be sent back to the right jurisdiction to start over. The Lanier Law Firm’s appellate team therefore spends the required time to make sure the case is filed in a place that is convenient and fair for our clients and defensible on appeal.
Expert Witness Challenges
In complex cases, trials are often won or lost on the basis of expert witness testimony. of testimony. In these cases, the Issues and Appeals team will assist the trial lawyers to ensure we choose witnesses who are fully qualified to offer expert opinions. And the appellate team will often consult with the experts to help them understand what the law requires for their testimony to be deemed reliable and admissible. Our appellate attorneys will also review the testimony and methodology of opposing experts to make sure those experts satisfy legal requirements.
Summary Judgment Motion Responses
Whenever they can, Defendants will seek to avoid a jury trial by asking the court to grant a summary judgment dismissing the case. To do that, they will file a lengthy motion claiming that all the evidence and law support their side of the case. The Lanier Law Firm’s appellate team writes responses to these motions and usually defeats them by showing the trial court how the plaintiffs’ case is supported by both the law and evidence and therefore ripe for a trial by jury.
One of the best ways to keep a favorable verdict is to make sure the trial follows the appropriate rules and procedures. Members of the firm’s appellate team attend the trial with the trial lawyer to keep an extra set of eyes on legal issues which may be the basis for an appeal by the other side.
Our capable, experienced appellate team handles all aspects of appeals, including:
- Preparation of and responses to post-trial motions
- Preparation of appellate briefs
- Presentation of oral arguments in the court of appeals
Our Record of Success
Our appellate attorneys have achieved numerous favorable rulings in the Supreme Court of Texas and federal circuit courts of appeals in other states, such as:
- Christus Health Southeast Texas v. Carnahan – The court affirmed the lower court’s refusal to dismiss our client’s medical malpractice case.
- Ingham v. Johnson & Johnson Consumer Inc. – The court upheld the landmark jury verdict against Johnson & Johnson on behalf of 20 women who were exposed to asbestos through the company’s talc-based baby powder, with a final verdict of $500 million in compensatory damages and $1.6 billion in punitive damages.
- Steele v. GTECH – Our appeals attorneys convinced the court to reject a claim of government immunity by a company that created a deceptive lottery ticket.
- Whelan v. Armstrong International, Our appellate team helped to convince the New Jersey Supreme Court to change the standard for imposing liability on the manufacturers of asbestos containing products.
The Issues and Appeals Team
The Lanier Law Firm Issues and Appeals attorneys are among the foremost in the nation.
Kevin Parker is the Managing Attorney of the Issues and Appeals Section at The Lanier Law Firm. He has been named to the Best Lawyers in America list by U.S. News & World Report and Super Lawyers by Thomson Reuters.
Harvey Brown brings unique experience and insight to the team as a former district judge and Justice on the First Court of Appeals for the State of Texas, overseeing a total of 350 trials.
Skip McBride has extensive experience representing banks, energy companies, investors and individuals. He has helped develop litigation practices that are standard today.
Kenneth Starr has built a distinguished career as a former U.S. Solicitor General, U.S. Circuit Judge for the District of Columbia, Counselor and Chief of Staff to U.S. Attorney General William French Smith, independent counsel for five federal investigations, President and Chancellor of Baylor University and Dean of the Pepperdine School of Law.
Arthur Miller has argued cases in all U.S. Circuit Courts of Appeals and before the U.S. Supreme Court. He is a leading scholar in American civil procedure, a University Professor at New York University and a former professor at Harvard Law School.
M. Michelle Carreras
Michelle Carreras has won favorable rulings from the Fifth Circuit Court of Appeals on numerous legal issues, including personal jurisdiction and parent corporation liability, and has worked on mass tort trial teams that won verdicts in the billions. She has been honored as a Top 100 Lawyer by The National Trial Lawyers and named to Best Lawyers in America for her work in appellate practice.